James Magiannis makes mental health application for fraud charge

A conveyancing solicitor has been banned from practising law after he allegedly stole hundreds of thousands of dollars over the course of one week before he was caught.

Police allege James Magiannis obtained $445,149 while he was a conveyancing solicitor in Sydney between October 24 and November 1 in 2018. Picture: Ashleigh Tullis

A Sydney conveyancing lawyer has been banned from practising after he allegedly stole $445,000 in a week, a court has heard.

James Magiannis, 48, was charged with dishonestly obtaining financial advantage by deception and applied under the Mental Health Act to dismiss the matter when he appeared in Sutherland Local Court on Wednesday.

Police allege Magiannis obtained $445,149 while he was a conveyancing solicitor in Sydney between October 24 and November 1, 2018.

Details of how Magiannis, who now lives in Queensland, allegedly obtained the money and from where were not revealed in court because he pleaded not guilty.

Magiannis applied to have the matter dealt with under Section 14, which allows a magistrate to dismiss a charge and discharge the defendant into the care of a responsible person, to treatment or rehabilitation, or without conditions rather than being dealt with according to law.

If a magistrate dismisses a charge under Section 14, it does not necessarily indicate the charge against the defendant is proven or otherwise.

James Magiannis was unsuccessful in his attempt to have his fraud charge dismissed under the Mental Health Act. Picture: Ashleigh Tullis

Magiannis’ defence lawyer Jahan Kalantar conceded the allegations were “serious” and were a breach of trust from an officer of the court over one week, and he was “caught” almost immediately.

He said the alleged offence occurred when Magiannis was in a “mental health crisis”.

The court heard Magiannis had been diagnosed with depressive disorder, social anxiety and an anxiety disorder and was suffering from stress and trauma in his life.

Mr Kalantar said Magiannis had already been punished, given he had been “struck off” the roll and forbidden from practising law.

He said since being charged, Magiannis had done “extremely intensive treatment”, including psychological and pharmacological treatment.

Mr Kalantar submitted the magistrate could find a “nexus” between Magiannis’ behaviour and his mental health.

James Magiannis will return to Sutherland Local Court in July to defend the allegation.

He noted there was a comprehensive and specific treatment plan for Magiannis to undertake that included medication and regular appointments with a psychiatrist, who opined Magiannis was a low risk of reoffending.

The court heard Magiannis was suffering from the trauma of not being there for a friend who died violently in 1998 and the stress of his son needing ongoing surgeries for a cleft palate that occurred at birth in 2011.

Mr Kalantar said around the time of the allegations, Magiannis was stressed at work, had demanding clients, a lot of responsibility and felt unsupported, which led to a “breakdown”.

Magistrate Holly Kemp said the allegation was “very serious”, given the breach of trust that allegedly occurred when he was a solicitor and an officer of the court.

She determined there was significant public interest in Magiannis being dealt with according to law rather than being diverted under the Mental Health Act.

Ms Kemp also determined there was not a “complete nexus” between his mental health, the timing of the trauma and stress, and the alleged offence.

She also said he would likely be sentenced to full-time custody if convicted.

Ms Kemp refused the application, and the case was adjourned to July 28 for hearing.